Housing (Miscellaneous Provisions) Act 2014

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Repossession of abandoned dwellings

15. (1) A housing authority wishing to take possession of a dwelling that has been abandoned by the tenant’s household, whether or not in circumstances to which section 14 applies, shall serve on the tenant a notice—

(a) stating that the authority has reason to believe that the dwelling is unoccupied and that the household does not intend to occupy it as its normal place of residence,

(b) requiring the tenant to inform the authority in writing within 4 weeks of service of the notice if the household intends to occupy the dwelling as its normal place of residence, and

(c) advising the tenant that, if at the end of the period to which paragraph (b) relates—

(i) the tenant has not informed the authority in the manner required by paragraph (b), and

(ii) it appears to the authority at the end of that period that the dwelling is unoccupied and that the household does not intend to occupy it as its normal place of residence,

then the authority will serve a further notice on the tenant bringing the tenancy agreement to an end with immediate effect.

(2) Where—

(a) the housing authority—

(i) has served on the tenant a notice in accordance with subsection (1), and

(ii) has made such inquiries as may be necessary to satisfy itself that the dwelling is unoccupied and that the tenant’s household does not intend to occupy it as its normal place of residence,

and

(b) at the end of the period mentioned in subsection (1) (b) the authority is so satisfied, then the authority may serve a further notice on the tenant bringing the tenancy agreement to an end with immediate effect.

(3) Where a tenancy agreement has been duly terminated in accordance with this section, the housing authority is entitled to take possession of the dwelling without any further proceedings.

(4) In taking possession of the dwelling under this section, the housing authority shall, subject to subsection (6), secure the safe custody and delivery to the former tenant of any property found in the dwelling that does not belong to the authority, but, before that property is so delivered, the authority may require the former tenant to pay to it the reasonable cost of effecting such custody and delivery, including storage costs.

(5) If the former tenant has not arranged for the delivery by the housing authority to him or her of the property referred to in subsection (4) before the expiry of 2 months following the termination of the tenancy, the authority may, subject to subsection (6), dispose of the said property, and apply any proceeds in the following order of priority:

(a) firstly, towards any costs incurred by the authority in removing, storing and disposing of the property together with the costs associated with the application of the proceeds under this subsection;

(b) secondly, towards any legally enforceable prior claim under any other enactment in respect of the proceeds, or on any part of the proceeds that the authority is aware of or could, with due diligence in the circumstances and having regard to the amount of the proceeds involved, become aware of;

(c) thirdly, towards any rent due but unpaid by the former tenant to the authority in respect of the dwelling concerned;

(d) fourthly, towards any other monies duly owed to and recoverable by the authority from the former tenant; and any sum remaining after such application of the proceeds shall be paid to the former tenant.

(6) Where a housing authority is satisfied that certain property held by it by virtue of subsection (4) is the property of a person other than the former tenant, it shall, unless it has reasonable grounds for believing that the property has been abandoned, take all reasonable steps in the circumstances to identify that person and offer to return that property to that person upon proving ownership, subject to the payment, at the discretion of the housing authority and where appropriate, of some or all of the cost of removing and storing such property.